Probate: Trustee Successfully Winning Baseless Accounting Challenge Not Entitled To Reimbursement Of Expert Witness Fees

Nothing In General Costs Statutes Or Probate Code Section 17211 So Allows.

           In Ramirez v. Rue, Case Nos. B283677/B286574 (2d Dist., Div. 4 April 18, 2019) (unpublished), a trustee prevailed in a battle by co-beneficiaries challenging certain accountings. Trustee won because the probate court determined the contested accounting dispute was brought/prosecuted in bad faith and without reasonable cause under Probate Code section 17211. The lower court awarded the expenses of a privately-retained expert to the trustee. That order was reversed on appeal, given that nothing in the general costs statute or section 17211 allows for recovery of such expenses.